The principle for the court to settle civil cases where there is no law for application under the Civil Procedure Code 2015

Authors

  • NGUYEN THI THU HA
  • VU HOANG ANH

Keywords:

Civil cases; without an applicable law; civil procedure; Court

Abstract

The article comments and annalyses the provisions of the Civil Procedure Code 2015 on the rules for resolving civil cases  where there is no law for applicationConcurrently, the article points out the difficulties during the process of applying customs, legal analogy, precedents, principles of civil law or equity to settle civil cases where there is no law for application. Accordingly, the article suggests some recommendations to strengthen the Civil Procedure Law of Vietnam on this issue.

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Published

2023-05-11

Issue

Section

RESEARCH - EXCHANGE OF OPINIONS